Krishna Kumar @ Krishna Yadav @ Buchra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47287 of 2023 Arising Out of PS. Case No.-300 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Krishna Kumar @ Krishna Yadav @ Buchra Yadav S/O Khakhar Yadav R/O Village- Tulsi Tola Paharpur, P.S- Ballia, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Chandra For the Opposite Party/s :
Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Baliya P.S. Case No. 300 of 2022 dated 28.10.2022 registered for the offence punishable under Sections 307, 324 and 353 read with 34 of the Indian Penal Code Section 27 of the Arms Act.
4. As per the prosecution case, on 27.20.2022 at about 5:30pm, the informant was standing on Tulsi Bandh and one Dilkhush Kumar was going to his home. At some distance, the
Patna High Court CR. MISC. No.47287 of 2023(2) dt.03-08-2023 2/3 police was taking away two stolen motorcycles. In the meantime, some unknown miscreants started firing on the police which hit the informant and Dilkhush Kumar.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced during investigation. The other coaccused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 25.05.2023 passed in Cr. Misc. No. 27243 of 2023. The petitioner is accused in eight other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 02.03.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Baliya P.S. Case No. 300 of 2022, with the condition :- (i) The petitioner is directed to remain physically
Patna High Court CR. MISC. No.47287 of 2023(2) dt.03-08-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
8. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T